Former Qwest CEO Joe Nacchio, serving time at a prison camp in Pennsylvania, was ordered today to appear in federal court in Denver for a hearing to review his plans to waive attendance at his re-sentencing.

While Nacchio won’t have to deal with the likes of Cyrus the Virus, I’m guessing Con Air won’t be as comfortable as the private jet that shuttled him back and forth from New Jersey to Denver during his time as CEO of Qwest from 1997 to 2002.

As for his court appearance?

“I would fully expect him to appear in his prison clothes,” said former federal prosecutor Rick Kornfeld.

Kornfeld said defendants or criminals who are in custody have the option to appear at a hearing in civilian clothes only if it is held before a jury.

Nacchio’s hearing will be in front of U.S. District Judge Marcia Krieger, who is basically forcing Nacchio to show up for a hearing just to say that he doesn’t want to show up for hearings connected to his re-sentencing.

In March, Nacchio attorney Sean Berkowitz indicated Nacchio would waive his right to appear at his re-sentencing. The Justice Department objected, arguing that Nacchio should be required to attend.

The government’s objection is “bizarre,” said Douglas Berman, a law professor and sentencing expert.

“I assume part of it is they want him to keep having to do perp walks,” Berman said. “That also explains why he doesn’t want to show up.”

Nacchio’s attorneys could always pull a rabbit out the hat and find a way to get him out of appearing in court. This case has taken so many twists and turns that I wouldn’t be surprised if that happens.